Portland Car Accident Lawyer

Table of Contents:

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What Should I Do After a Car Accident?

How is a Fault Determined After an Accident?

What Is Considered a Low-Impact Car Accident?

What Questions Will an Insurance Adjuster Ask After a Car Wreck?

What Damages Can I Collect After a Car Accident?

What Is a Fair Settlement for a Car Accident?

What to Consider If You Are Trying to Settle on Your Own ?

How Do I Hire the Best Car Accident Attorney?

What Steps do I Need to Take to Settle an Accident Claim?

What Mistakes Do People Make When Settling an Injury Claim?

What Should You Know When Negotiating a Settlement?

The Statute of Limitations in Car Accidents. Why Do You Need to Know It?

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What Should I Do After a Car Accident?

Remain at the Scene & Avoid Legal Trouble: 

• Stay at the accident scene to prevent legal issues and ensure accurate fault determination. Leaving can result in arrest and criminal charges, especially if someone suffered injuries or died. Always remain at the location until authorities arrive.

Check Passengers & Call for Medical Help:

• If physically able, check on passengers and others involved. Call 911 immediately if medical assistance is necessary. Avoid moving individuals who complain of back or neck pain unless an emergency, like a fire, puts them at greater risk. Moving someone with a potential spinal injury could cause further harm.

Take Photos, Videos & Gather Evidence:

• Use your phone to document the accident scene, including all vehicles and individuals involved. Exchange names, driver’s license numbers, insurance details, and license plate numbers with other parties. Avoid admitting fault or apologizing, as insurers may use these statements against you.

Speak to Witnesses & Collect Their Information: 

• Talk to witnesses and collect their contact details. Their testimony could help support your claim and strengthen your case for compensation.

Seek Medical Attention to Protect Your Insurance Claim:

• Visit a hospital or urgent care facility promptly to assess and treat any injuries. Delaying medical care may give insurance companies the chance to argue that your injuries were not severe. Follow your doctor’s treatment plan to aid your recovery.

File Accident Report with DMV:

• Oregon law may require you to file an accident report with the DMV within 72 hours. Contact the police to obtain a copy of the official report, which will be necessary when submitting an insurance claim.

Contact Your Insurance Company & Personal Injury Lawyer:

• Notify your insurance company with accurate details about the accident and cooperate fully. Be aware that your statements may be recorded. If you sustained serious injuries, consider consulting a personal injury lawyer before speaking extensively with the insurer. A legal expert can help ensure you receive fair compensation.
• Herron Law offers free initial consultations for injured persons.

How is a Fault Determined After an Accident?

Assigning fault in a car accident depends on several factors. However, the following elements can help clarify responsibility.

Were Any Traffic Laws Violated:

• Breaking traffic laws often indicates fault in an accident. Lawyers assess the events leading up to the crash to determine whether any party violated the law. Some traffic rules, such as running a stop sign, speeding, or driving under the influence, apply universally, while others vary by state or municipality.

Were Any Citations Issued:

• The investigating police officer records any traffic violations that occurred before the accident and provides an opinion on its cause. Insurance adjusters rely on police reports when determining fault. If officers do not arrive at the scene, you can contact the nearest police station or call 911 if immediate assistance is necessary. Reviewing the report for errors and clarifying details with the officer is crucial.

Type of Collision:

• Rear-end collisions often result in the rear driver being found at fault, as laws require maintaining a safe following distance. However, if the front driver braked unreasonably fast or had malfunctioning brake lights, they could share responsibility. Each case requires careful analysis of contributing factors.

Accident Reconstruction Report:

• Accident reconstruction experts use scientific and engineering methods to analyze the crash. They determine the events leading up to the accident, contributing factors, and the level of fault for each party. These experts often assist in legal cases, insurance claims, and public safety investigations.

Physical Evidence:

• Law enforcement and personal injury lawyers review physical evidence such as skid marks, vehicle damage, and debris to reconstruct the accident. Visiting the crash site allows experts to examine road conditions, traffic patterns, and environmental factors that may have played a role.

Interviewing Witnesses:

• Attorneys often interview witnesses to gather firsthand accounts of what they saw and heard before and after the accident. Witness testimony can provide valuable insights into how the crash occurred and the behavior of those involved.

What Is Considered a Low-Impact Car Accident?

A low-impact car accident occurs at a relatively low speed and typically results in minimal visible property damage. These accidents often take place in parking lots, during traffic jams, or at stop signs and traffic lights when vehicles move slowly or remain stationary.

Key Characteristics of Low-Impact Accidents:

• Minimal Vehicle Damage: The external damage to the vehicles is usually minor, such as small dents, scratches, or scuffs.

• Low-Speed Collision: Impact occurs at speeds below 10-15 miles per hour.

• No Airbag Deployment: The force of the crash is too low to activate airbags.

• No Immediate Visible Injuries: Occupants may not show obvious signs of injury right away.

Myths About Low-Impact Accidents & Injuries:

• Injuries Are Unlikely: Many believe that low-impact crashes do not cause serious harm. However, even minor collisions can lead to soft tissue injuries like whiplash, back strain, or concussions.

• Medical Attention Isn’t Necessary: Some people skip medical evaluations after minor accidents, but symptoms may take hours or days to develop.

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Insurance Companies May Downplay Claims: Adjusters often argue that low-speed accidents cannot cause significant injury, making it difficult to receive fair compensation for medical expenses, lost wages, and pain and suffering.

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Medical Proof Needed for a Strong Claim:

• Documenting injuries is essential. Medical records, expert opinions, and personal accounts detailing how the injury impacts daily life can strengthen a claim.
• Although low-impact accidents may appear minor, they can have long-term effects on health and financial stability. Seeking medical attention and legal advice can help ensure fair treatment and compensation.

While low-impact car accidents may seem minor at first glance, they can have significant implications for your health and financial well-being.

What Questions Will an Insurance Adjuster Ask After a Car Wreck?

After a car accident, a liability insurance adjuster will conduct an interview and record your statement. Below are common questions they may ask.

Basic Accident Details & Time of Occurrence:

• What day and time did the accident happen?
• Where did the accident occur (crossroads, intersection, county, etc.)?

Weather & Road Conditions at the Time of the Crash:

• What were the weather conditions at the time of the accident?
• What were the road conditions like?
• What street were you on, and which direction were you traveling?
• How many lanes were there in each direction?
• Were any medians or obstructions present?

Speed, Signals & Driver Behavior Before Impact:

• What road markings separated the lanes?
• Was the road straight, or did it have curves?
• Which lane were you in?
• Where were you coming from and where were you going?
• How fast were you traveling?
• Were you in a hurry?
• Did the other driver appear to be in a hurry?
• Were your turn signals on? If so, which one and for how long?
• What actions did you take to avoid the accident?
• Did the other driver attempt to avoid the crash?

Statements on Injuries & Medical Treatment Received:

• Were the police called to the scene?
• Did officers arrive? If so, which police department responded?
• Were any citations issued?
• Was an ambulance at the scene?
• Did you go to the hospital?

Role of Witnesses & Evidence in the Investigation:

• Were there any witnesses to the accident?
• Did you take any photos or videos at the scene?
• Were there any passengers in your vehicle? (Provide witness names, contact information, and details about children or elderly individuals in the vehicle.)
• Do you know the posted speed limit where the accident occurred?
• When did you first see the other vehicle?

If you are unsure of your legal rights, consulting a personal injury lawyer can help you navigate the claims process and protect your interests.

What Damages Can I Collect After a Car Accident?

After a car accident caused by another at-fault party, you may be entitled to several types of damages. These fall into two main categories: economic damages and non-economic damages. A fair settlement should account for both.

Economic Damages:

• Medical Expenses (Past and Future): Compensation covers hospital bills, physical therapy, doctor visits, medical tests, procedures, ambulance fees, in-home care services, and temporary or permanent disability.

• Lost Wages (Past and Future): An accident can severely impact your ability to earn a living. This includes lost wages due to medical appointments, hospitalization, or physical limitations that prevent you from working. Both past and future lost wages should be calculated precisely, often with the help of a personal injury attorney.

Financial hardship is a reality for many who suffer serious injuries. Look closely at struggling communities, and you will see a greater number of disabled individuals. Injuries often lead to financial instability, but you do not have to face this alone. A skilled lawyer can help ensure you receive the compensation you deserve.

Non-Economic Damages:

• Pain and Suffering: This covers mental and emotional distress caused by your injuries. Insurance companies calculate this using a multiplier, applying a factor between 1.5 to 5 or more to your actual economic damages. The final amount depends on the severity of the injuries and the negotiating skill of your attorney.

• Loss of Affection or Companionship: Serious injuries may prevent you from showing affection or maintaining a relationship with your partner. This is also known as loss of consortium and is typically claimed by the uninjured spouse or children. If a car accident results in death, the surviving family may file a wrongful death lawsuit to seek compensation. These damages also apply to cases where a person suffers life-altering injuries.

Other Damages Personal To Your Case:

• The damages you qualify for depend on your specific injuries, accident circumstances, and personal situation. Speaking with a car accident personal injury attorney is strongly recommended, especially if you have sustained significant physical injuries. Many attorneys offer free consultations, making it worth your time to explore your legal options.

What Is a Fair Settlement for a Car Accident?

Determining a fair settlement for a car accident requires evaluating multiple factors unique to each case. Compensation should fully cover both economic and non-economic losses suffered due to the accident. Several factors influence what is considered fair.

Medical Expenses:

• Current Medical Bills: Costs associated with hospital stays, surgeries, medications, rehabilitation, and other treatments received immediately after the accident.

• Future Medical Costs: Ongoing care or future surgeries related to accident injuries must be accounted for.

Lost Wages and Earning Capacity:

• Lost Income: Compensation is provided for time missed from work due to injuries.
• Reduced Earning Capacity: If the ability to work is permanently or temporarily affected, future earnings may be considered in the settlement.

Property Damage:

• Vehicle Repair or Replacement Costs: Expenses required to fix or replace the damaged vehicle.
• Personal Property Loss: Compensation is available for damaged personal items, such as electronics or jewelry.

Pain and Suffering:

• Physical Pain: The settlement should account for discomfort and limitations caused by injuries.
• Emotional Distress: Anxiety, depression, and other psychological effects resulting from the accident are factored into compensation.

Loss of Consortium:

• Impact on Relationships: If injuries negatively affect relationships with a spouse or family, compensation may be awarded.

Permanence of Injuries:

• Disability or Disfigurement: Higher compensation is often given if the accident results in long-term disability or visible scars.
• Impact on Quality of Life: Limitations on daily activities and overall enjoyment of life are taken into account.

Degree of Fault:

• Liability: The settlement may be reduced if partial fault is assigned to the injured party.
• Comparative Negligence Laws: These laws, which vary by state, determine how fault affects compensation.

Insurance Policy Limits:

• Defendant’s Insurance Coverage: The amount available is limited by the at-fault driver’s insurance policy.
• Underinsured Motorist Coverage: If the responsible party’s insurance is insufficient, personal insurance coverage may help cover additional losses.

Your Personal Injury Lawyer:

• Attorney’s Skill: An experienced lawyer can negotiate effectively and may secure a higher settlement.
• Evidence and Documentation: Well-documented damages strengthen the claim and increase the likelihood of a fair settlement.

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There is no universal formula for settlements, but economic damages (medical bills, lost wages, and property damage) are typically totaled first. Then, non-economic damages (such as pain and suffering) may be calculated using a multiplier, which typically ranges between 1.5 and 5. Insurance companies use different methods, so amounts vary widely.

A fair settlement should fully address all financial, physical, and emotional impacts of the accident. Both immediate and long-term consequences must be carefully considered before accepting any offer.

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What to Consider If You Are Trying to Settle on Your Own?

Many car accident injuries have lifelong consequences. Before accepting a settlement offer, ask the insurance adjuster the following questions:

• Why is this settlement amount being offered, and what is it based on?
• What does the settlement offer include?
• How will future medical expenses be covered?
• What compensation is provided for pain and suffering?

Also, consider this: Why have you been paying high car insurance premiums for years? The purpose of car insurance is to protect yourself and your family in the event of an accident. Ensure that the insurance company fulfills its responsibility to you.

However, be cautious when negotiating with an insurer. Many insurance companies prioritize their shareholders’ interests and aim to minimize payouts. Because of this, consulting a skilled attorney can help ensure you receive the compensation you deserve.

Read “How to maximize your car wreck insurance company settlement offer” 

How Do I Hire the Best Car Accident Attorney?

You should not just turn to any general practice attorney to help you. Look for an experienced car crash personal injury attorney who has experience handling your type of car accident injury claim.

But how do you find that type of car accident lawyer? The best answer is that you want a highly experienced jury trial lawyer who the insurance companies are afraid of going to court against. This is because insurance companies tend to settle cases with lawyers that they are afraid of.

A good jury trial lawyer is trust-worthy and likable. Get some referrals for lawyers and compare them carefully. Meet, call, text or Zoom with a prospective attorney to discuss the car accident claim before you decide to hire him or her. If you like the attorney, then jurors probably would too. Insurance companies don’t want you to have a lawyer that jurors would like.

You should also prepare yourself for rejection, as good car accident lawyers often have busy schedules. Having several alternative choices ready will increase your chances of securing legal representation.

What Steps do I Need to Take to Settle an Accident Claim?

7 Steps to Take Right Away After Car Wreck. If you have not done the following steps, today is a good day to start:

File an Official Police or DMV accident report:

• This should be filed with the DMV within 72 hours of the accident. If the police respond to the scene, they will complete the police report. You should get a copy of this document; if the accident was due to the other driver’s negligence, this will be strong evidence on your side. Make sure the reports are accurate.

Gather Strong Photographic & Video Evidence:

• If you are physically able to do so, you should take photographs with your cell phone of everything related to the accident: damages, injuries, positions of the vehicles involved, etc.

Record Statements from the Other Driver:

• If possible, record what the other driver or drivers say to you after the crash. It is important to know why the other driver broke the rules.

Collect Witness Testimonials & Contact Information:

• Collect the contact information and statements of all accident witnesses. Don’t count on the police. Memories fade with time, get a statement from the witnesses as soon as you can. Write down everything they tell you.

Keep a Post-Accident Diary for Documentation:

• Keep a diary after the crash of all expenses, traveling, the pain and suffering that you experience, your injuries, as well as lost work time and loss of enjoyment of life activities.

Request & Orginize All Medical Records & Bills:

• Organize all medical records, bills, reports, handouts, business card in the separate injury case folder. There will be hundreds of pages of loose documents, but you must keep them all. Keep all empty medication bottles.

Save All Information from Insurance Companies:

• Keep all Correspondence from ANY Insurance Company. Delete nothing. Print each and every email, letter, record, mail from both insurance companies and place them in your injury folder.

What Mistakes Do People Make When Settling an Injury Claim?

Accepting the First Offer & Settling Too Quickly:

After an accident, victims often feel financial pressure due to medical bills, lost wages, and other expenses. Insurance companies take advantage of this urgency by offering a quick settlement that may seem appealing at first but is usually much lower than the actual value of the claim.

By rushing into an agreement, victims may unknowingly forfeit their right to additional compensation for future medical treatments, rehabilitation, or other long-term consequences of their injuries.

Settling too soon can also be risky because the full extent of an injury may not be immediately apparent. Some conditions, such as soft tissue damage, spinal injuries, or post-traumatic stress, may take weeks or months to manifest. If a victim accepts a settlement before understanding the long-term impact of their injuries, they may end up shouldering future medical expenses out of pocket.

It’s crucial to take the time to assess all damages, consult medical professionals, and, if needed, seek legal advice to ensure that the settlement truly reflects the full scope of the injury and its financial consequences.

Giving a Recorded Statement to the Other Driver’s Insurer:

After an accident, insurance adjusters often contact victims and request a recorded statement under the guise of gathering information to process the claim.

However, their primary goal is to find inconsistencies, minimize liability, and potentially use the victim’s own words against them.

Many victims unknowingly make statements that downplay their injuries or imply partial fault, which can weaken their claim. For example, saying “I’m feeling okay” could be used to argue that the injuries are not severe, even if symptoms develop later.

It’s best to avoid speaking with the at-fault party’s insurer without consulting a car accident attorney first. Instead, provide only basic details like the date, time, and location of the accident, and let legal professionals handle further negotiations to protect your rights and ensure fair compensation.

Delaying Medical Evaluation After the Accident:

Some injury symptoms, such as whiplash, internal bleeding, or traumatic brain injuries, may not be immediately noticeable. Adrenaline and shock can mask pain, leading victims to believe they are unharmed when, in reality, they may have sustained serious injuries.

If you postpone medical attention, these conditions could worsen, making treatment more difficult and recovery longer.

From a legal standpoint, delaying medical care can also negatively impact an injury claim. Insurance companies often argue that a gap in treatment means the injury was not severe or was caused by something other than the accident.

Without immediate medical records linking injuries to the incident, it becomes harder to prove the extent of harm suffered. Seeking prompt medical evaluation ensures both proper treatment and a strong foundation for a fair settlement, helping victims receive the compensation they deserve.

Failing to Document All Injuries & Damages Properly:

Proper documentation is crucial in proving the extent of harm suffered and securing fair compensation. Many victims focus only on immediate injuries while overlooking other potential damages, such as emotional distress, long-term physical limitations, or ongoing medical treatments.

Without clear medical records, photographs, and written accounts of symptoms, it becomes challenging to demonstrate the full impact of the accident.

Similarly, property damage and financial losses must be well-documented. Keeping records of vehicle repair estimates, lost wages, and out-of-pocket expenses helps build a strong case. Insurance companies often look for gaps in evidence to justify reducing a settlement offer.

Not Completing Medical Treatments & Follow-Ups:

After an accident, it’s crucial to follow the prescribed treatment plan, whether it involves physical therapy, medications, surgeries, or ongoing check-ups. Some victims start treatment but stop once they begin to feel better or when the pain seems manageable. However, failing to complete medical care can not only prolong recovery but also weaken an injury claim.

Insurance companies closely examine medical records to determine the severity of injuries. If a victim stops treatment prematurely, insurers may argue that the injuries were not as serious as claimed or that the victim contributed to their own prolonged suffering.

Gaps in treatment or missed follow-ups can significantly reduce the settlement amount. To protect both health and the injury claim, victims should strictly adhere to medical advice, attend all follow-ups, and keep thorough records of treatments until fully recovered or released by a medical professional.

Overlooking Insurance Policy Limits & Legal Rights:

Many victims assume that the at-fault party’s insurance will fully cover their medical expenses, lost wages, and other damages, only to later realize that the policy limits may not be sufficient.

If the cost of injuries and damages exceeds the at-fault driver’s policy limits, victims may face unexpected financial burdens unless they explore other compensation options, such as underinsured motorist coverage or pursuing a personal injury lawsuit.

Additionally, many people settle their claims without fully understanding their legal rights, often accepting lowball offers from insurance adjusters who prioritize minimizing payouts. Without knowledge of their rights or the potential value of their claim, victims may unknowingly give up compensation for future medical care, pain and suffering, or long-term disability.

By consulting an attorney or reviewing policy details before settling, victims can maximize their compensation and avoid accepting an unfair settlement.

What Should You Know When Negotiating a Settlement?

Accurately Calculating Future Medical Costs:

Oregon law requires insurance companies to fully compensate accident victims who may face serious future medical costs. However, many injured individuals do not realize this protection exists and may accept a settlement that fails to cover long-term medical expenses. Settling too soon or for too little can create significant financial burdens for victims down the road.

A fair settlement must include future treatments such as surgeries, rehabilitation, physical therapy, and medications. Ignoring these expenses could lead to financial struggles while still dealing with the lasting effects of the injury.

 *Once you sign the settlement papers, the case cannot be reopened. 

Estimating Future Wage Losses & Career Impact:

Beyond medical costs, injuries can significantly impact your ability to work. If you cannot return to your job for months—or must retire early—you may lose a substantial amount of future earnings.

Additionally, ongoing debates about preexisting conditions in healthcare law may affect your ability to secure affordable medical coverage later. Given these uncertainties, you must consider potential wage losses and career setbacks when negotiating a settlement.

A settlement should cover not only current lost wages but also projected losses resulting from reduced earning capacity or career changes.

Understanding How Non-Economica Damages Are Calculated:

Quantifying economic damages in a personal injury case is straightforward. These damages include medical expenses, lost wages, and out-of-pocket costs after the accident. Oregon law entitles injured individuals to recover non-economic damages when they receive economic damages.

To determine the amount of non-economic damages, consider the following: pain, mental suffering, emotional distress, or humiliation experienced from the time of injury until now, along with any that will likely continue in the future. Also, factor in any inconvenience and disruption to normal activities beyond work-related tasks that have persisted since the injury and may continue in the future.

An experienced personal injury attorney can assess the full extent of non-economic damages. In many cases, these damages make up the largest portion of a personal injury claim.

The Importance of a Legal Expert in Settlement Negotiations:

Once you sign a settlement agreement, you cannot reopen your case, meaning you cannot seek compensation for any overlooked medical, financial, or emotional damages later.

Insurance companies often push for quick, low settlements, making it crucial to have an experienced personal injury attorney review your case before accepting any offer.

A legal expert carefully calculates all aspects of your damages—both current and future—to ensure you receive full compensation for your pain, suffering, and financial losses.

Consulting an attorney can significantly improve your chances of securing a fair settlement that fully addresses the impact of your injuries.

Read more about “Types of personal injury cases that can be settled without needing a legal help“

The Statute of Limitations in Car Accidents. Why Do You Need to Know It?